1.Which of the following two situations has the potential to expose an employer to greater liability in a suit for illegal discrimination in employment: (1) Jane has been sexually harassed by one of her co-workers but has not brought a complaint against him to the department supervisor even though there is a well publicized sexual harassment policy. (2) Sarah's boss is a male who has told her that if she won't date him, he will fire her. Explain your answer.
2 Plaintiff sued her employer for discrimination based on sexual harassment by her supervisor. Plaintiff alleged that her supervisor had made inappropriate remarks to her on two occasions and that he had inappropriately touched her on three occasions. Plaintiff's supervisor denies all allegations. There were no witnesses to any of the occurrences. Is this a case that employer is likely to win on a motion for summary judgment? Explain your answer.
3. You have just taken a position as Human Resource Manager for a company that specializes in providing bodyguard services for situations in which the use of weapons of any kind by the bodyguard is not feasible and so the bodyguard must be able to provide the protection needed without using weapons. You look over the list of job qualifications that is furnished to all applicants and note the inclusion of the following: "All applicants must have a minimum height of 6' 2" and a minimum weight of 200 lbs and must be capable of bench-pressing 300 pounds." Name specifically what potential legal problem(s), if any, is/are posed by this requirement and explain in detail why such problem(s) exist(s) under this set of circumstances, being sure to note which particular protected classes these requirements might impact. (If you write "illegal employment discrimination," you will get no credit.)
4. You are the Human Resources Director for Huncedes, an automobile manufacturer that has just opened a plant in Montgomery, Alabama. Your plant has recently filled 150 unskilled labor positions. 80 of the positions have been filled by black workers and 70 of the positions have been filled by white workers. There were 200 white applicants and 100 black applicants. Discuss whether there has been a disparate impact and if so, against which group. You must explain your reasons. You must correctly perform a calculation of the 4/5ths rule (and show your work) in order to receive any credit for this question.
5. In a refusal to hire case, one element of a Plaintiff's prima facie case is that the plaintiff must present evidence that proves he/she is qualified for the job. Which of the following options are available to a Defendant when a Plaintiff presents facts, which if believed would support the proposition that Plaintiff is qualified for the job?
6. What are the TWO most valuable lessons/facts/things you have learned in this course? I'm not looking for a "cheesy" answer here-like "Professor Jones, you're such a wonderful instructor, I learned something from you every time you opened your mouth"-and I won't award any points for a "cheesy" answer either; I want a thoughtful, well-written response for each lesson.
7. Explain the difference between legal and illegal discrimination in employment situations. Give one example of legal discrimination. Give one example of illegal discrimination. If you do not explain the difference between legal and illegal discrimination you will not receive full credit.